However, Mwaniki opposed the application for adjournment.
Hearing dates secured were from July 5 to 15. The dates were issued in April this year.
The hearing for the 2018 case has never commenced.
Mwaniki said she takes cognisance of the current situation in Kenya and Covid-19 measures.
“We have noted that Obado took cognisance of the words ‘strongly discouraged’ and not a lockdown when he appeared at the Ramogi FM studios on 30th June as a guest hosted by Victor Juma. The studios are in Nairobi.”
The DPP also noted that he appeared at a KBC radio station.
Obado has been in Nairobi outside the containment measures.
His co-accused are his personal assistants in terms of his official movements.
“This is a public interest matter. Accused persons have been charged with two counts of murder. One of a 26-year-old lady and the other of an unborn child.”
Mwaniki said the trial can proceed. She said they can be provided with a tent so that the case proceeds.
Mwaniki cited the BBI appeal case that proceeded at the Court of Appeal last week as an example.
The court she said can restrict the number of people in the tent and they proceed under MOH guidelines.
Mwaniki also told the court that there is no scientific evidence that the variant in the hotspot zones is the delta variant.
Daniel Njoroge, appearing for the victim’s family, said, if there was a higher rate of infection, there would be a complete lockdown.
“There is no reason why we cannot have open court sessions.”
“Nothing prevents the accused persons from being tested before coming to court, further delays to this matter will be prejudicial to the family of the victim.”
“A balance must be struck between the right to an accused person and the rights of the family of the victim.”
Njoroge said there is no restriction of movement a nd the application of the 7 pm curfew ceases to exist once they get out of that county.
“If indeed they want their name cleared , seeking further adjournment does not support that contention. I support the prosecution request to get a tent as done in the BBI Appeal.”
Njoroge requested the motion for adjournment be disallowed.